TERMS & CONDITIONS

AGREEMENT

Participant agrees to abide by the rules and regulations of the City of Ferndale and DIY Street Fair, LLC (hereby known as "Owner/Operator") and event venue. Participant agrees to obtain, at their own expense, any applicable licenses or permits which are required for operation of its trade or business for the duration of the event and pay any and all taxes, including applicable sales tax of any nature that may be levied against it as a result of the operation of its trade of business in its contracted space. Participant agrees to only occupy, sell, promote or advertise their products and services in the space that it is assigned. Participant agrees that all offerings and work displayed must be consistent with submission. Participant will not share space with another vendor/exhibitor/company/organization unless given written permission from Owner/Operator. This includes, but is not limited to, displaying business cards or other promotional items in the assigned space. Participant agrees to allow Owner/Operator to use its information in the promotion and advertising for DIY Street Fair. Participant agrees to follow all health and safety guidelines outlined by Owner/Operator, venue and city.

OWNER/OPERATOR RIGHTS

Owner/Operator reserves the right, in its sole discretion, to accept or deny the application of participants that will be at DIY Street Fair. This decision will be made in the best interest of Owner/Operator, other participants, attendees of DIY Street Fair, the event venue/facility, their respective owners, employees and representatives and the City of event venue. This includes the rights to reject or prohibit exhibits or participants which Owner/Operator finds offensive, disruptive or inappropriate to the aforementioned parties. Owner/Operator reserves the right to change the layout of the event and/or relocate participants, vendors and exhibits. This may include canceling, relocating or changing the event date. Owner/Operator has the right to modify and/or change the rules and regulation governing DIY Street Fair, and the use of the venue. Owner/Operator reserves the right to terminate space without refund if behavior of Participant violates general practices of good conduct prohibiting the enjoyment, safety and commerce of other participants.

INDEMNIFICATION

Participant agrees to indemnify and hold harmless Owner/Operator, the facility and City of venue facility, their respective directors, officers, agents, representatives and employees against all claims, losses, liability, damages (including legal fees and expenses), cost and charges of every kind resulting from its occupancy of the exhibit space and/or its surroundings. This includes, but not limited to, loss resulting from the use of equipment or devices furnished to or used by the Participant or other persons in connection with the event. This hold harmless includes any loss with connection to personal injuries, death, property damage or any other damages sustained by the participant, Owner/Operator, the facility, sponsors or attendees of DIY Street Fair and their respective directors, officers, agents, representatives and employees or those for whom the participant is responsible by law.

LIABILITY AND INSURANCE

Participant is responsible to insure its own offerings, personnel, display and materials from any damage or loss through theft, fire, accident or other cause and accepts all risks. Participant shall not make any claim or demand or take any legal action against Owner/Operator, the event’s sponsors, event venue or City of event facility for any loss, damage or injury whatsoever caused, to the participant, its directors, officers, agents, representatives and employees or their respective property.

LICENSING REQUIREMENTS

All participants must have proof of state Health Department Inspection, city Fire Department inspection and comply with the city’s Sustainability requirements as outlined. Failure to comply with city and state requirements may result in immediate termination of agreement, shut down of sales, forfeiture of deposit and applicable city fines (up to $300) in which case Owner/Operator will not be responsible for any loss of business, loss of profits, consequential or special damages or expenses of any nature that participant may suffer. All set up must be completed 1 hour before the start of the event and conclude at end of event. No music, speech or sound effects may be played/amplified from Participant audio system.

INTELLECTUAL PROPERTY

Participant will assume all costs arising from the use of patented, trademarked, franchised or copyrighted materials, devices, processes or dramatic rights used on or incorporated into their display. Participant agrees to indemnify, defend and hold harmless Owner/Operator and the facility from any claims or costs, including legal fees, which might arise from question of use of any such material described above. DIY Street Fair logos are the sole intellectual property of Owner/Operator.

CANCELLATION AND TERMINATION

Participant shall have the right to cancel this agreement by written notice no later than four weeks (30) days before the event start date to receive booking fee deposit refund minus $100 administration fee. Owner/Operator has the right to terminate or cancel this agreement without notice and all rights of Participant will cease. In the event that the facility in which event is to be held becomes unavailable for occupancy or Owner/Operator is unable to permit participant to occupy the facility or space, or the event is canceled or curtained for any reason beyond the control of Owner/Operator, including but not limited to casualty, fire, lightning, flood or other Acts of God, civil disturbances, strike, lockout or boycott, Owner/Operator will not be responsible for any loss of business, loss of profits, consequential or special damages or expenses of any nature that participant may suffer. If Owner/Operator is forced to cancel event due to pandemic concerns mandated by state or federal guidelines, Participant shall receive full refund of paid booking fee deposit if event is cancelled up to one month (within 30 days) prior to event, and after 30 days shall receive refund of paid booking fee as a credit for the next event.